Haryana

StateCommission

A/606/2015

RAM CHANDER - Complainant(s)

Versus

UHBVNL - Opp.Party(s)

R.K.NARANG

17 Dec 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal    No  :    606 of 2015

Date of Institution  :     16.07.2015      

Date of Decision    :     17.12.2015  

 

Ram Chander s/o Sh. Nand Lal, Resident of Village Ramlawas, Tehsil Charkhi Dadri & District Bhiwani.

                                      Appellant/Complainant

Versus

                                         

1.      The Managing Director, Dakshin Haryana Bijli Vitran Nigam Limited, Vidhut Nagar, Hisar, through Executive Engineer, Dakshin Haryana Bijli Vitran Nigam Limited, Charkhi Dadri, District Bhiwani.

2.      The Executive Engineer, Dakshin Haryana Bijli Vitran Nigam Limited, Bhiwani.

3.      Sub Divisional Officer, Dakshin Haryana Bijli Vitran Nigam Limited, Jhoju Kalan.

4.      Smt. Choto Devi w/o Sh. Rama Nand, Village Ramlawas, Tehsil Charkhi Dadri, District Bhiwani.

                                      Respondents/Opposite Parties

CORAM:

                             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.                                                                                          

For the Parties:  Shri R.K. Narang, Advocate for appellant.

Shri Tarun Gupta, Advocate assisted by Shri Vinesh Kumar, Legal Advisor, for respondents No.1 to 3.

Shri Gaurav Gaur, Advocate for respondent No.4.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

The unsuccessful complainant is in appeal against the order dated May 5^th, 2015, passed by District Consumer Disputes Redressal Forum, Bhiwani (for short ‘the District Forum’) whereby complaint was dismissed. 

2.      Ram Chander-complainant was a co-sharer in land bearing Khewat No.280, Khatauni No.323, Khasra No.154, situated in Village Ramlavas, Tehsil Charkhi Dadri, District Bhiwani.  Rama Nand-husband of Choto Devi-respondent No.4, one of the co-sharers, was having tubewell connection bearing account No.RB-51/0583. Rama Nand expired on January 6^th, 1997. After the death of Rama Nand, his wife Choto Devi moved an application to Dakshin Haryana Bijli Vitran Nigam Limited (DHBVNL) to disconnect the above said electric connection. The DHBVNL disconnected the connection.

3.      The solitary contention raised by the learned counsel for the complainant is that Ram Chander had been paying electricity bills since 1997 and therefore the tubewell connection should not have been disconnected without giving notice to the other share holders.

4.      Indisputably, the tubwell connection was in the name of Rama Nand till the date it was disconnected. Rama Nand expired on January 6^th, 1997.  Since, Choto Devi wife of deceased Rama Nand, had applied to disconnect the connection, this Commission cannot order to change the connection in the name of the complainant without the consent of Choto Devi, which she did not give. The tubewell connection has already been disconnected on September 10^th, 2014, as stated by learned counsel for the parties. Thus, there was no deficiency in service on the part of DHBVNL. No case for interference in the impugned order is made out.

5.      The appeal consequently fails and is hereby dismissed.

 

Announced 17.12.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL